Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-11-37 Supervision fees
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(a) The court may collect supervision fees from those who are placed under the court’s formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services: (1) Housing in nonsecure residential facilities; …
O.C.G.A. § 15-11-38 Community based risk reduction programs
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(a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in …
O.C.G.A. § 15-11-380 Purpose of article
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The purpose of this article is: (1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from …
O.C.G.A. § 15-11-381 Definitions
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As used in this article, the term: (1) ‘‘Comprehensive services plan’’ means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court’s finding t…
O.C.G.A. § 15-11-390 Filing of complaint
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(a) A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. A prosecuting attorney may file a complaint alleging a child…
O.C.G.A. § 15-11-4 Other laws apply to chapter
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Where procedures are not provided in this chapter, the court shall proceed in accordance with: (1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters. History. — Code 1981, § 15-11-4, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
O.C.G.A. § 15-11-40 Information sharing; confidentiality
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(a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduc…
O.C.G.A. § 15-11-401 Child in need of services; venue
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(a) A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides. (b) If a proceeding is commenced in the county in which the act complained o…
O.C.G.A. § 15-11-41 Compliance with privacy laws
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(a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information: (1) For release of child abuse records by the department, a subpoena and subsequent order of the court …
O.C.G.A. § 15-11-410 Taking a child into temporary custody
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(a) A child may be taken into temporary custody under this article: (1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances …
O.C.G.A. § 15-11-411 Temporary custody; time limitations
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(a) A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours. (b) Immediately after a child is taken into custody, every effort shall be made to contact such child’s parents, guard…
O.C.G.A. § 15-11-412 Temporary detention; place of custody
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(a) A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure reside…
O.C.G.A. § 15-11-413 Continued custody hearing
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(a) If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 24 hours, excluding weekends and holidays. If such hearing is not held within the time speci…
O.C.G.A. § 15-11-414 Continued custody hearing; findings
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(a) At the commencement of a continued custody hearing, the court shall inform the parties of: (1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child’s case following adjudication; and (4) T…
O.C.G.A. § 15-11-415 Detention decision; findings
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(a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child’s freedom should be restrained, that n…
O.C.G.A. § 15-11-420 Authority to file petition
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A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true, or a pr…
O.C.G.A. § 15-11-421 Time limitations for filing petition
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(a) If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing. (b…
O.C.G.A. § 15-11-422 Content of petitions
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(a) A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement th…
O.C.G.A. § 15-11-423 Issuance of summons
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(a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be…
O.C.G.A. § 15-11-424 Service of summons
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(a) If a party to be served with a summons pursuant to Code Section 15-11-423 is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is wi…
O.C.G.A. § 15-11-425 Sanctions for failure to obey summons
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(a) In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or s…
O.C.G.A. § 15-11-440 Standard of proof
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The petitioner, or prosecuting attorney when representing the state, has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence. History. — Code 1981, § 15-11-440, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p…
O.C.G.A. § 15-11-441 Adjudication hearing
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(a) If a child alleged to be a child in need of services is in continued custody, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is…
O.C.G.A. § 15-11-443 Duration of disposition orders
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(a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if: (…
O.C.G.A. § 15-11-444 Probation revocation
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(a) An order granting probation to a child adjudicated to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to any person authorized to make a petition all…
O.C.G.A. § 15-11-445 Disposition reviews; time limitations
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The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect. History. — Code 1981, § 15-11-445, enacted by Ga. L. 2013, p. …
O.C.G.A. § 15-11-451 Hearing on mental health plan; time limitations
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(a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for t…
O.C.G.A. § 15-11-470 Purpose of article
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The purpose of this article is: (1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child’s age, education, mental and physical condition, background, and all other rele…
O.C.G.A. § 15-11-471 Definitions
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As used in this article, the term: (1) ‘‘AIDS transmitting crime’’ shall have the same meaning as set forth in Code Section 31-22-9.1. (2) ‘‘Behavioral health evaluation’’ means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to …
O.C.G.A. § 15-11-472 Delinquency case time limitations
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(a) A detention hearing shall be held promptly and no later than: (1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child…
O.C.G.A. § 15-11-474 Parties in a delinquency proceeding; notice to DJJ
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(a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be h…
O.C.G.A. § 15-11-475 Right to attorney; waiver
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(a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. 1164 15-11-475 (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child’s right to be represented by an a…
O.C.G.A. § 15-11-476 Appointment of guardian ad litem
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(a) The court shall appoint a guardian ad litem whenever: 1168 15-11-477 (1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinqu…
O.C.G.A. § 15-11-477 Orders for behavioral health evaluations
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(a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of a child alleged to be or adjudicated as a delinquent child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall ord…
O.C.G.A. § 15-11-478 Continuance of a hearing in delinquency proceedings
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A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court r…
O.C.G.A. § 15-11-479 Admissions to court personnel inadmissible; exceptions
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Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or any other related services shall be inadmissible in any adjudication hearing in which such child …
O.C.G.A. § 15-11-480 When jeopardy attaches
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(a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accep…
O.C.G.A. § 15-11-481 Victim impact statement in delinquency proceedings
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(a) The victim of a child’s alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this ar…
O.C.G.A. § 15-11-490 Venue; transfers between juvenile courts
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(a) A proceeding under this article may be commenced: (1) In the county in which an allegedly delinquent child legally resides; or (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinque…
O.C.G.A. § 15-11-5 Computations of time
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(a) When a period of time measured in days, weeks, months, years, or other measurements of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weeke…
O.C.G.A. § 15-11-50 Creation of juvenile courts; appointment of judges
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(a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile court…
O.C.G.A. § 15-11-500 Order to take child into immediate custody
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If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child’s health or welfare or those of others or that such child may abscond or be removed from the jurisdi…
O.C.G.A. § 15-11-502 Procedure after taking child into custody; detention
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(a) A person taking an alleged delinquent child into custody, with all reasonable speed and without first taking such child elsewhere, shall: (1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person’s promise to bring su…
O.C.G.A. § 15-11-503 Detention decision; findings
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(a) Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child’s freedom …
O.C.G.A. § 15-11-504 Place of detention; data on child detained
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(a) An alleged delinquent child may be detained only in: (1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of such child’s noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agen…
O.C.G.A. § 15-11-506 Detention hearing; time limitations
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(a) A detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care. (b) If an alleged delinquent child is d…
O.C.G.A. § 15-11-508 Notification to victim of child’s release from detention
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(a) As used in this Code section, the term: (1) ‘‘Notice’’ shall have the same meaning as set forth in Code Section 17-17-3. (2) ‘‘Victim’’ shall have the same meaning as set forth in Code Section 17-17-3. (3) ‘‘Violent delinquent act’’ means to commit, attempt to commit, conspir…
O.C.G.A. § 15-11-51 Qualification of judges
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(a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juve…
O.C.G.A. § 15-11-510 Intake; informal adjustment
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(a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inf…
O.C.G.A. § 15-11-515 Informal adjustment; circumstances; admissions; exceptions
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(a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court’s direction, may inform the parties of informal adjustment if it appears that: (1) The admitted facts bring the case within the jurisdiction o…